O.K. to ride in Colorado

GoldenMotor.com

lightningstoreI70

New Member
Oct 7, 2010
13
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Colorado
This is what I mean, you do not have to register your bike as anything at all. doesn't matter what motor size is on it. If you feel you need to register your bike at all, just register it as a regular bicycle and DO NOT mention that there's a motor on it. At least here in the metro you don't have cops hassling people about unregistered bicycles, unless it's stolen=) Again there is no longer ANY law that applies to us so no registration, no insurance, period. You could put an eight cylinder on there and it wouldn't make a difference. You got pedals, you got bicycle, that's it.
They deleted the term "Motorized Bicycle" because it's too broad a term. I brought this up to the Legislation more than once. Motorized Bicycle means anything with 2 or 3 wheels contacting the road, period. I pointed out that the US Army bought over 100,000 "Motorized Bicycles" for WWI made by Harley Davidson. When you have 3 different classes of vehicles and call them all "Motorized Bicycles" then it's more than confusing and gives the Cops a chance to do a large interpretation to the point where they are almost making up the laws as they go to the point of almost law making through intimidation. That changed as of Oct 2009. Now, the classes are more clearly defined with little wiggle room for either side.

I stated I paid the price. I am the last Low Speed Electric Bicycle operator in the State of Colorado to recieve a ticket for safely operating a LSEB on Public Property. That cost was $42.50 plus a lot of research and working with a couple of Legislators.

This is how you get a positive change. Find a sympathetic legislator and work with them. These folks don't know it all and will tell you they don't. Just make sense and lay it out for them. You honestly think Legislators actually write the laws? They don't. Someone else does and convinces them that the law makes sense.

If you want a law changed for the Gas Powered Engined Bikes, go the same route. It works.
 

Mshugge

New Member
Oct 7, 2011
26
0
0
Denver, CO
HELP! I thought we were ok to ride in Colorado ... but the local police department is arguing otherwise. Our bicycle is a 21 speed Mongoose ... with pedals. We have attached to it a very small Honda engine that we have verified is less than 50 cc.

So my son was riding the bike, stopped, and charged with the following:
1) operating a motor vehicle upon a highway with knowledge that his license was revoked (he was riding the bicycle at 44th and Sheridan Avenue ... not a "highway")
2) Operating motorcycle or scooter without eye protection
3) Operating a low power scooter without a front lamp.

They towed the bicycle away on a flat bed trailer. The tow bill shows this is a bicycle. So why are the police considering this a motor vehicle or scooter?

Your opinions???
 

2door

Moderator
Staff member
Sep 15, 2008
16,302
175
63
Littleton, Colorado
Item #1 is what started the problem. Doesn't matter what caused the stop in the first place, Cops do not like it when they see a revoked license. That sets them off. How old is your son?

Which department? City of Denver, Westminster? Arvada? That would be interesting to know because the 'Denver Area Riders' frequent that area. Good luck.

Tom
 

NashOpel

New Member
Jul 10, 2009
98
0
0
Arvada,CO
44Th and Sheridan Avenue could be Denver or Lakeside or Mount view they all intersect at that intersection. By the sound of the ticket my bet would be Mount view. I personally stay out of their area (I think they have a total of 9 blocks. 4 south and 5 west of 44Th and Sheridan Avenue)
If I recall right we are not allowed as a power assisted bicycle on a road posted speed of 30 mph unless it has a bike lane. How fast was he going (over 20 past a cop is asking to get stopped) its 20 or 25 then it falls under a moped/scooter. Lakeside and Mount view have really different laws then the surrounding areas, there small and need to pay their bills with little tax revenue.


George
 

F_Rod81

Dealer
Jan 1, 2011
1,031
2
0
Denver, CO
If you ask me, I say stick to riding on side streets and in alleys. If the bike is not equipped to go on the main street then it has no place being there, especially if no license is a concern. If main streets are on the agenda then have functional front and rear lights, and at least eye protection. My suggestion is he stay off main streets and sidewalks, I'm not saying he'll be the one, but we can't have one rider mess things up and have the rest of us flagged. I'd like to see MB's grow and not be a problem, rather then the opposite, and die out because of bad riders causing negative attention.
 

Mshugge

New Member
Oct 7, 2011
26
0
0
Denver, CO
First, the typical reason that people may ride these electric or motor assist bikes is because they have lost their license ... not because they are trying to stay in shape. Losing your license doesn't mean you're a bad person. Shame on you!!

Second, this was a ticket by Lakeside, who work side by side with Mountain View (they usually sit in the same parking lot with their speed guns pointed at people). Horrendous little area. Hard to avoid the 6 police that work for Mountain View and the 12 police that work for Lakeside. Unfortunately, this is where he owns his house.

Third, he's ridden this bicycle for 6 months. Last week, he signed up to run for City Council so that he could discuss the police issues. They told him, while in custody, now you can't run for city counciil. The police getting involved in politics ... no way! Looks like the reason they pulled him over was to give him a ticket so he wouldn't run for office!

I am trying to get clarification from the legislatures who put the original house billl into place in 2009. This is clearly a bicycle ... not a self propelled scooter ... but the house bill only described electric assist engines, not gas assist engines.

So what I am looking for is CLARIFICATION. What defines a bicycle. What defines a low power scooter. What defines a motorcycle. What defines a motor vehicle.

Thank you. pino.
 

bandito

New Member
May 22, 2009
783
0
0
colorado
I hope you get the bike out of the pound, this really sucks. To me your best bet is to take pics of the bike to show the judge and plead that its a bicycle with a motor to asisst in propulsion. Ive often wondered what i'd do if i received a 3 ticket stop. DMV doesn't recognize bicycles as motor vehicles.......good luck.
 

2door

Moderator
Staff member
Sep 15, 2008
16,302
175
63
Littleton, Colorado
First, the typical reason that people may ride these electric or motor assist bikes is because they have lost their license ... not because they are trying to stay in shape. Losing your license doesn't mean you're a bad person. Shame on you!!





Thank you. pino.
Are you serious? Do you actually believe the reason that most of us choose to ride a motorized bicycle is because we've lost out privilage to drive a motor vehicle?
I'm sorry, I take that that as an insult as will most of the membership here.

There's an old maxim that says it best: "If you can't do the time, don't do the crime."

Don't tell me why I ride what I ride.
Tom
 

bandito

New Member
May 22, 2009
783
0
0
colorado
MShugge is this going to be in lakeside muni court or jeffco? Please keep us informed of wassup. Fight it please and I hope you beat it.
 

Mshugge

New Member
Oct 7, 2011
26
0
0
Denver, CO
.trlrl.rmflar.ly.OK. I NEED TO GET BONUS POINTS FOR THIS ONE!!

FIRST, this is going to be heard in Jefferson County court this Monday. First hearing. What a damn waste of time.

SECOND, got in touch with the legislatures that drafted the original housebill and reason WHY for the housebill. Explained the situation and sent pictures. They got in touch with Colorado Motor Vehicle. We went through the "Definitive Tool for Low Powered Scooter". Came down to whether the vehicle is self-powered ... which it is only once you get it pedaled and up to a speed. Then it came down to how to register a bicycle with no VIN.

Final ruling - we will be getting a letter from Colorado Department of Motor Vehicle. This vehicle, being born a bicycle, is always going to be a bicycle no matter what is added to it. As far as Colorado Department of Motor Vehicle is concerned, this is a bicycle.

Take that in the pants, Jefferson County!!
 

bandito

New Member
May 22, 2009
783
0
0
colorado
Way to go Mshugge. The law says the low power scooter law does not apply to bicycles PERIOD. Newsflash to the folks who want to classify bikes as scooters on this forum. Please keep us informed and good luck.
 

SANGESF

New Member
Feb 23, 2009
641
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0
Lake Worth
.trlrl.rmflar.ly.OK. I NEED TO GET BONUS POINTS FOR THIS ONE!!

FIRST, this is going to be heard in Jefferson County court this Monday. First hearing. What a damn waste of time.

SECOND, got in touch with the legislatures that drafted the original housebill and reason WHY for the housebill. Explained the situation and sent pictures. They got in touch with Colorado Motor Vehicle. We went through the "Definitive Tool for Low Powered Scooter". Came down to whether the vehicle is self-powered ... which it is only once you get it pedaled and up to a speed. Then it came down to how to register a bicycle with no VIN.

Final ruling - we will be getting a letter from Colorado Department of Motor Vehicle. This vehicle, being born a bicycle, is always going to be a bicycle no matter what is added to it. As far as Colorado Department of Motor Vehicle is concerned, this is a bicycle.

Take that in the pants, Jefferson County!!
I see a couple of problems...
1.) The DMV can consider it whatever THEY want.. A judge gets to decide what HE THINKS IT IS!

2.) When you try to show that document from the DMV, the Prosecutor will object as it's hearsay, and the judge will probably agree...
(The DMV does NOT make law, the legislatures do, you need THEIR say as to what your vehicle is considered)
 

Mshugge

New Member
Oct 7, 2011
26
0
0
Denver, CO
Good point. It was the legislature that drafted the housebill that got the response for me from motor vehicle. I'll go back and ask him to draft a response.
 

biknut

Well-Known Member
Sep 28, 2010
6,653
475
83
Dallas
.trlrl.rmflar.ly.OK. I NEED TO GET BONUS POINTS FOR THIS ONE!!

FIRST, this is going to be heard in Jefferson County court this Monday. First hearing. What a damn waste of time.

SECOND, got in touch with the legislatures that drafted the original housebill and reason WHY for the housebill. Explained the situation and sent pictures. They got in touch with Colorado Motor Vehicle. We went through the "Definitive Tool for Low Powered Scooter". Came down to whether the vehicle is self-powered ... which it is only once you get it pedaled and up to a speed. Then it came down to how to register a bicycle with no VIN.

Final ruling - we will be getting a letter from Colorado Department of Motor Vehicle. This vehicle, being born a bicycle, is always going to be a bicycle no matter what is added to it. As far as Colorado Department of Motor Vehicle is concerned, this is a bicycle.

Take that in the pants, Jefferson County!!
In Texas all motor vehicles are considered to be self propelled. Apparently it's the same way in Colorado, and also many other states. That's the reason you prevailed. Since your bicycle won't drive off from a dead start under it's own power, it can't be considered self propelled, and therefore it's not a motor vehicle.
 

Mshugge

New Member
Oct 7, 2011
26
0
0
Denver, CO
Can't believe I'm still waiting for something in writing from Motor Vehicle .....

On the other hand, I believe it!

Sorry, guys, no letter no confirmation to date.
 

oldtimer54

Member
May 15, 2010
540
6
18
On a bike
Bummer wonder what the hold up is? In my attempt at being legal Ive installed a 100 watt generator with a charger and a 3 ah battery headlight taillight brakelight and a car horn. Even installed a lighter socket.Will install a key switch. (when it gets here) Hope I didnt wast my time and money lol. Not to bad for a homeless dude I think.
 
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Mshugge

New Member
Oct 7, 2011
26
0
0
Denver, CO
Have you ever waiting in line at Motor Vehicle???

Anyway, got a reply from my contact today and he promised to provide the written letter.

I still need to figure out what to do with the police in my son's neighborhood. They said they know the laws (baloney), refused to look at my paperwork, and said they would charge him with a felony anyway if they see if riding the bike. This is costing us $7000 in legal fees for these guys to do whatever they want??

Jefferson County Colorado says that because the laws seem "vague", the police can write a ticket and you have to discuss it with the judge in court. This isn't right!!
 

Mshugge

New Member
Oct 7, 2011
26
0
0
Denver, CO
UPDATE! Motor vehicle hearing was conducted to review the charges that this vehicle was a low power scooter. Evidence pressnted included description of bicycle, that it has pedals, is not self powered (bike must be in motion to engage motor assist), and was not designed for primary use on roadway. Also had letter of confirmation of vehicle classification from Motor vehicle title & registration, AND from Colorado state transportation committee. Our lawyer said he had never 100% won a motor vehicle hearing.

RESULTS: we won!! All driving charges dismissed for a "motor vehicle". Ruling primarily based on FACT that Colorado removed the word SOLELY from definition 10 of bicycle, opening up path for not only electric assist bicycles but also gas assist bicycles.

Still have to face criminal charge because these are two separate courts - but this should now be piece of cake. Especially since over aggressive police officer who had arrested my son admitted he never read him his rights.